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CARDWELL v. NASHVILLE COAL, INC.

384 S.W.2d 330 (1964)

W. R. CARDWELL et al., Appellants, v. NASHVILLE COAL, INC., Appellee.

Court of Appeals of Kentucky.

November 25, 1964.

Attorney(s) appearing for the Case

Laurence T. Gordon, Madisonville, for appellants.

James F. Gordon, Gordon & Gordon, Madisonville, for appellee.

WILLIAMS, Judge.

In 1951, the appellants, Mr. and Mrs. Cardwell, gave a lease to the predecessor in title of appellee, Nashville Coal, Inc., granting the right to mine coal underlying a 10-acre tract of land owned by the Cardwells. The coal was mined in 1953, and a building on the land was damaged by subsidence in 1959. In a suit to recover for damage to the building each side filed a motion for summary judgment. The Hopkins Circuit Court sustained the appellee's...

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